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Law / Senegal

Décret n° 2008-721 du 30 juin 2008 portant application de la loi n° 2008-12 du 25 janvier 2008 sur la protection des données à caractère personnel, transferts vers un pays tiers

Décret n° 2008-721 du 30 juin 2008, arts. 42-44 (transferts vers un pays tiers)

archived copyRead from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived 2022. Publisher's page: http://www.jo.gouv.sn/spip.php?page=imprimer&id_article=7207

In force.

A cross border transfer rule binding public and private bodies.

Obligation class
Transfer
Audit expectation
none

What it requires

  • Before the first transfer of personal data to a third country, refer it to the CDP with a declaration giving the sender and recipient, the file, the data categories, the people concerned, the recipient's purpose, the mode and frequency of transfers and the date of the first transfer.
  • Declare to the CDP, within fifteen working days, any change to the information you declared for the transfer.
  • Where a transfer is within a group, or to several recipients for the same data and purposes, make one joint declaration if you wish.
  • Do not treat the CDP's list of States with equivalent legislation as relieving you of any responsibility.

These lines are LexLint's reading of the law's text.

What it makes you log

Logging duty

Article 42 requires a declaration to the CDP before the first transfer and a declaration of any later change within fifteen working days; Article 43 allows a joint declaration and Article 44 has the CDP publish a list of States. A declaration is a filing and not a record the controller keeps, and none of the cited articles requires a log or register of transfers. None of the cited articles carries a scope clause.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Article 42 requires the controller to refer a transfer to the CDP before the first transfer of data to a third country. Article 42 requires the declaration to state the names and addresses of the sender and the recipient, the name and full description of the file, the categories of data, the people concerned and their approximate number, the recipient's purpose, the mode and frequency of the transfers, and the date of the first transfer.

Article 42 requires any change to the declared information to be declared to the CDP within fifteen working days. Article 43 allows one joint declaration for a transfer within a group of undertakings, or to several recipients for the same categories of data and the same purposes. Article 44 has the CDP draw up and make available a list of States whose personal data legislation is equivalent, and states that publishing the list does not relieve the controller of any responsibility.

The decree was signed at Dakar on . The decree was published in Journal officiel n° 6443 of , according to the ILO NATLEX record. Article 76 charges the Prime Minister and the ministers with applying the decree, which is to be published in the Journal officiel.

When LexLint raises it

When your app profile says your app processes personal data.

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